Denver DUI Law

Colorado DUI and Denver DUI Lawyer

Colorado traffic violations are a common occurrence, but can carry serious consequences for most drivers.  Each year, roughly 10,000 drunken drivers are busted in Colorado for driving drunk again — and during a recent three-year span, more than 5,000 drunken drivers had at least three prior DUI arrests.  See, Denver Post article below.

Usually, the first and most important question about such an arrest or ticket is, whether the driver can keep his or her license and ability to drive?  This is not a simple question, and in most cases an alcohol violation while driving must be acted upon with seven business days of any citation, particularly if the driver refuses to submit to alcohol testing, or provides a breath sample with an immediate result.

The shortest version of the penalties assessed against a driver are described below by the Department of Revenue’s own guide to such violations:

(After 1/1/2009)

First Excess B.A.C. 0.08 Driving Offenses, Effective 1/1/09

CALL DRIVER SERVICES AT 303-205-5613 TO CONFIRM THE SPECIFIC

REQUIREMENTS FOR REINSTATING YOUR DRIVING PRIVILEGE

REVOCATION:  Your first episode of driving with a B.A.C. of 0.08 or greater results in a 9-month revocation.

  • The revocation remains in effect until you complete the reinstatement process.
  • ALL Excess B.A.C. reinstatements are processed by mail.  You should begin the reinstatement process approximately 1 month before you expect to reinstate.
  • If you were 21 or older at the time of the violation, are a Colorado resident, and have no other unsatisfied license restraints, you may reinstate after only 1 month of revocation provided you install an Ignition Interlock Device (Interlock) in every vehicle you own or may drive.
  • If your B.A.C. was below 0.17, you reinstate early, drive only an Interlock vehicle and do not have any B.A.C. when you drive, you may be eligible for an unrestricted license after 4 consecutive months of successful Interlock driving.

REINSTATEMENT (9-month revocation):  You must

1.      provide an SR22 from your insurance company and maintain it for 9 months following reinstatement (3 years if you were involved in an accident);

2.      complete an Alcohol Certification, Form DR2598;

3.      complete an Application for Reinstatement, DR2870; and,

4.      mail the SR22, the Alcohol Certification and the Application along with your personal check or money order for $95 to the address provided on the Application.

EARLY REINSTATEMENT (1-month revocation plus 8-month Interlock):  In addition to items 1-4, you must maintain the SR22 for a minimum of 3 years regardless of whether there was an accident and

5.      have an Interlock installed in every vehicle you either own or may drive (call any provider for appt.);

  • include the notarized Restricted License Ignition Interlock Agreement Affidavit, DR2058, and
  • include a signed copy of each interlock lease agreement and of each installation certificate.

The Department of Revenue publishes short guides on license penalties and reinstatement, and they are described at http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1218536116688.

The Denver Post commonly reports the following in an article on the staggering cost of DUI and Traffic arrests in Colorado each year:

Colorado’s criminal justice system touches about 31,000 drunken drivers a year, a Denver Post examination of state records found. But the system fails to ensure that those drivers stay off the road after drinking. In fact, one in three arrested for drinking and driving have at least one prior DUI, The Post found.

Read more:DUI arrest stats staggering – The Denver 

Perhaps not surprisingly, Westword also reports a dip in alcohol sales with the approval of medical marijuana for use, and shows a similar decline in drunken driving arrests.

See, the link here, at http://blogs.westword.com/latestword/2011/11/medical_marijuana_laws_fewer_traffic_deaths.php

Disclaimer

The information on this web site is not, nor is it intended to be, legal advice.

You should contact an attorney for advice on your individual situation.

Contacting the Law Firm of Brian DeBauche, LLC, does not automatically create an attorney-client relationship.